APHC010147502020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8994/2020 Between: 1. SMT. B.MALLAMMA,, W/O SRI B. SUDHAKAR REDDY, AGED ABOUT 50 YEARS, OCC DEALER OF FP SHOP NO.1111007 R/O.D.NO.7/3142. CHINNA KESHAMPALLE, CHENNAMPALLE, BADVEL, YSR KADAPA, ANDHRA PRADESH-516227. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY CONSUMER AFFAIRS, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI. 2. THE JOINT COLLECTOR OF YSR KADAPA DISTRICT, KADAPA TOWN, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET, YSR KADAPA DISTRICT 4. THE TAHSILDAR, BADVEL MANDAL, YSR KADAPA DISTRICT. 2 VS,J W.P.NO.8994 OF 2020 5. THE DISTRICT, KADAPA TOWN, YSR KADAPA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order or orders or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents more particularly the 2nd Respondent in issuing proceedings in Ref.No. CS4(3)/198/2020 dated 29.04.2020, placing the fair price shop dealership of the petitioner for FP Shop No.1111007 under suspension pending finalization of disciplinary case as per Control Order, 2018 as being illegal, arbitrary and violative of principles of natural justice and in violation of Art.14, 19 and 21 of the Constitution of India and consequently to set aside the proceedings in Ref.No. CS4(3)/198/2020 dated 29.04.2020 issued by the 2nd Respondent and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of proceedings in Ref.No. CS4(3)/198/2020 dated 29.04.2020 issued by the 2 nd Respondent and pass Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR CIVIL SUPPLIES The Court made the following: 3 VS,J W.P.NO.8994 OF 2020 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “....…to issue an order or orders or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents more particularly the 2nd Respondent in issuing proceedings in Ref.No.CS4(3)/198/2020 dated 29.04.2020, placing the fair price shop dealership of the petitioner for FP Shop No.1111007 under suspension pending finalization of disciplinary case as per Control Order, 2018 as being illegal, arbitrary and violative of principles of natural justice and in violation of Art.14, 19 and 21 of the Constitution of India and consequently to set aside the proceedings in Ref.No. CS4(3)/198/2020 dated 29.04.2020 issued by the 2nd Respondent and pass....” 2. Brief facts of the petitioner‟s case is that:- a. The petitioner was appointed as a fair price shop dealer for shop No.1111007 of Badvel Mandal, YSR Kadapa District. Since the date of her appointment, the petitioner has been distributing essential commodities to the cardholders without there being any complaint, either from the cardholders or the concerned authorities. b. While the matter being so, on 20.04.2020, the Food Inspector, the Mandal Revenue Inspector of Badvel along with Village Revenue Officer, Chennampalli conducted an inspection 4 VS,J W.P.NO.8994 OF 2020 on the fair price shop of the petitioner and found variations of stock. Basing on the inspection report and report of the 4th respondent dated 25.04.2020, for initiating the action under Section 6-A of the Essential Commodities, 1955, the 2nd respondent issued impugned proceedings vide Ref.No.CS4(3)/198/2020 dated 29.04.2020 suspending the petitioner‟s authorization, pending finalization of disciplinary enquiry. The said action of the 2nd respondent is contrary to the Clause 20(i) of the Control Order, 2018. Challenging which, the petitioner has filed this writ petition. 3. When the matter came up for admission, on 21.05.2020, this Court passed the following interim order:- “In the meanwhile, the suspension order, dated 29.04.2020, shall remain stayed”. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 5. During the course of hearing, learned counsel for the petitioner would submit that the Tahsildar/4th respondent initiated the proceedings under section 6-A of the Essential Commodities, 1955, vide report dated 25.04.2020, but he has not taken any steps for initiation of disciplinary proceedings. As such, the matter 5 VS,J W.P.NO.8994 OF 2020 is squarely covered by the common order dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 and requested to pass a similar order in this Writ Petition also. The same is not disputed by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents. The relevant portion of the said order, reads as under: 9. …When Clause 20(i) of Control Order, 2018 specified that a separate report is required to be filed by inspecting officer for initiation of disciplinary action against petitioner, in the absence of any such separate report, as contemplated under Section 20(i) of Control Order, 2018, passing order based on report under Section 6-A of E.C Act is impermissible under law, since it is deviation from Clause 20(i) of Control Order, 2018. 10. As per Clause „q‟ of Circular Memo issued by Commissioner, Civil Supplies in No.21/100/2015-AD.1 PP&CCS dated 28.09.2015, proceedings under Section 6-A of E.C Act are separate, as it empowers to decide as to whether the seized commodities are liable for confiscation or otherwise and no order of suspension/cancellation of authorization to be issued, based on report. In view of memo and requirement under Clause 20(i) of Control Order, 2018, in the absence of any separate report for initiation of disciplinary action against the dealer, the order passed by second respondent cannot be sustained, consequently the same is liable to be set aside, declaring the same as illegal and contrary to Clause 20 (i) of Control Order, 2018. 11. In the result, the writ petition is allowed, setting aside proceedings in SR.No.130/2019-S5, dated 23-12-2019, passed 6 VS,J W.P.NO.8994 OF 2020 by second respondent, suspending the authorization of petitioner, declaring the same as illegal and contrary to Clause 20(i) of Control Order. There shall be no order as to costs. 6. In view of the same, for the reasons alike in the aforesaid order, this Writ Petition is also allowed, in terms of the order dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 and the impugned proceedings dated 21.01.2020 passed by the 2nd respondent in Rc.No.K3/2620/2019 are set-aside. 7. Registry is directed to attach the copy of the order, dated 08.01.2020 passed by this Court in W.P.No.500 of 2020 to this order. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 16.09.2025 LSP 7 VS,J W.P.NO.8994 OF 2020 266 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8994/2020 Dated: 16.09.2025 LSP